Residential Tenancies Act 2004 Explained

By Stephen Large, Threshold

This information is a general guide only, and not a definitive interpretation of the law. For more detailed information, contact Threshold or look for further advice.

This is a brief guide to the major changes that have been introduced by the Residential Tenancies Act 2004. This Act will led to greater security of tenure given to tenants; making the landlord and tenant relationship more professional and offering an alternative dispute mechanism that provides a more affordable and speedier means of resolving disputes between landlords and tenants.

Scope of the Act
The Act applies to the private rented sector but does not apply to:

• Business lettings
• De controlled dwelling
• Social Housing or approved body
• Shared Ownership
• Holiday lettings
• Where the landlord resides in the tenancy
• Where a member of the landlord's family resides in the tenancy and there is no written agreement
• 35 year leases under the Landlord and Tenant (Amendment) Act, 1980
• Owner Occupied Accommodation
• Formerly de controlled dwellings

Offences
A person guilty of an offence under this Act may be liable on summary conviction to a fine of up to €3,000 and/or up to 6 months imprisonment. Continued breach could incur a fine of €250 a day.

Part 4 Tenancy
Where there is no fixed term agreement such as a lease or contract, a landlord may terminate a tenancy in the first 6 months without the need to give a reason by giving a minimum of 28 days notice to quit in writing. The maximum notice period that can be given in the first six months is 70 days. The Act introduced a greater security of tenure for tenants. Where a tenant has been in continuous occupation of a dwelling for more than 6 months without a valid notice to quit being given then they are entitled to remain in the property for a further three and a half years. This is known as a Part 4 Tenancy:

Tenants will became entitled to a Part 4 Tenancy from 1st March 2005 provided they had been in occupation from 1st September 2004 and have not been given notice to quit in the first six months.

The entitlement to a Part 4 Tenancy does not extend to situations where the dwelling is one of two within a building, which was originally a single dwelling and the landlord resides in the other. Anyone residing in property supplied under section 50 of the Finance Act 1999 will not be entitled to the rights under Part 4 of the Act.

Termination of tenancies
Where a notice of termination is being given it must:

• Be in writing
• Signed by landlord or authorised agent
• Specify date of service
• If the notice is terminating a Part 4 tenancy specify the reason
• Specific termination date
• State that any dispute to the validity of the notice or right of landlord or tenant to serve it be referred to the PRTB within 28 days of receipt.

A landlord can give 28 days written notice to quit without reason during the first 6 months of a tenancy. If however a tenant becomes entitled to a Part 4 tenancy the landlord can only terminate on one of the grounds specified below:

• Where a tenant fails to comply with the obligations of the tenancy
• Where the dwelling no longer suits the occupants needs e.g. overcrowding
• Where the landlord intends to sell the dwelling within 3 months of the termination of the tenancy
• Landlord requires property for their own or family members use
• Landlord intends to refurbish the dwelling
• Landlord intends to change the business use of the dwelling

There are a number of provisions within this section to prevent a landlord using these grounds merely as an excuse to remove the tenant from the property and rent to someone else.

As well as introducing greater security of tenure for tenants the Act also provides for greater periods of notice that take into account the length of the tenancy. The length of notice a landlord must give under the Act is outlined in the table below.

Shorter notice periods may also be given in certain situations under the Act. The landlord may terminate a Part 4 tenancy with 7 days notice on the grounds of the tenants' anti-social behaviour. The landlord may terminate with 28 days notice where the tenant is in default of the tenancy. If the default is non-payment of rent, the landlord must notify the tenant in writing that the rent is outstanding and give them 14 days to pay the rent prior to serving 28 days notice to quit.

A tenant who wishes to end their tenancy must serve their landlord with the relevant notice period outlined in the table below:

Both parties can agree to shorter notice periods but only at the time of termination.

Notices
Notices served under the Act must be served in one of the ways outlined:a

• Delivery on Person
• Leaving at the address where they normally live or address they have given
• Prepaid post to address where they normally live or the address they have given
• Where it appears no-one is residing in the property by affixing a sign to the property. It is an offence to interfere with this sign within 3 months of its posting.

Registration
Since 1st September 2004 tenancies have to be registered with the Private Residential Tenancies Board rather than local authorities. It is the responsibility of the landlord to register with the Board.

All new tenancies created from 1st September 2004 must be registered within one month of the commencement of the tenancy.

The following details must be supplied with the registration application:

• The address of the dwelling
• The name, address and PPS number of the landlord and any authorised agents
• The number of occupants of the dwelling
• The name and PPS number (if known) of the tenants, or tenants.
• A description of the dwelling including the number of bed spaces
• The date the tenancy commenced
• The amount of rent payable

Both the landlord and tenant are entitled to a copy of the registration form whilst an extract can be inspected by the public in a published register. This register will not identify the landlord, tenant or details of the rent payable.

Landlords who are already registered with the local authority need to re-register with the PRTB but will not be required to pay a fee. The fee payable to register a tenancy will be €70. If a landlord is registering a number of tenancies in a single dwelling, the fee will be €300. If registration is late then the fees payable will be doubled. No more than two registration fees will be payable on a property annually.

Where a rent review occurs the new rent must be updated in the register within a month although no fee will be payable for this. All other changes in details can be updated at this time. Failure to register is an offence under the Act and a landlord could be fined up to €3,000 and/or imprisoned for up to 6 months for non compliance. You can obtain further information from the following:

A copy of the Residential Tenancies Act 2004 can be accessed online at www.oireachtas.ie or purchased from:
Government Publications Sales Office
Sun Alliance House
Molesworth St
Dublin 2

Further Information:
Private Residential Tenancies Board
Canal House
Canal Rd
D6
Tel No. 01 8882960
Email: Tenancies_Board@environ.ie

For free, professional, independent and confidential information, advice and advocacy contact:
Eastern Region Advice Centre
Threshold
21 Stoneybatter
Dublin 7
Tel No. 01 678 6096
Email: advice@threshold.ie
www.threshold.ie

Discuss This Article

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Timothy Swanson Esq. Date: Saturday March 5, 2005 @05:28PM

  Does a landlord have to compensate the tennant for moving expences, and for two months rent, if the tennant has been told to move out after living there for 9+ years, because the landlord intends on either renovating the apartment or converting it to a condiminium?

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Wednesday February 8, 2006 @06:37PM

  Hi Tim,
  
  I'm afraid that the landlord is perfectly within his rights to evict you as the 2004 act states that a landlord may terminate if he intends to refurbish the dwelling or change the business use of the dwelling.
  With regard to the notice period i think the owner may only have to give you 35 days as the duration is on a four year cycle, so after the first four years the cycle would start again so if you are living there nine years you would be at the start of your third four year cycle, hence 35 days.
  But as you will find the PRTB seems to have alot of holes so many might disagree with me but he can ask you to move out but he must return your deposit promptly aslong as the place is in good repair less usual ware.
  
  Cheers Johnny C.

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Ann Date: Tuesday January 20, 2009 @02:00PM

  Johnny C. wrote in his answers to the question of Anonymous Poster on Wednesday February 8 @06:37PM": “...With regard to the notice period I think the owner may only have to give you 35 days as the duration is on a four year cycle, so after the first four years the cycle would start again so if you are living there nine years you would be at the start of your third four year cycle, hence 35 days”.
  
  I am a tenant, who wants to leave as soon as possible because of various reasons, and my questions are following:
  1/Have I right to leave after 28 days notice without loosing my rent deposit or shall I stay for 56 days?
  2/ Can I pay 1000 euro as per written agreement for the rest of time I am forced to live there, if I have paid 1200 euros for January 2009 as per our verbal agreement in 2008?
  
  1/ I understand, that I as a tenant who lives since 1st September 2004 in apartment and signed just one rent agreement for one year on 31-08-2004, I have to give to my landlord no more than 28 days written notice, ( in September 2008 ended the first four years cycle, and I am at the start of my new second four year cycle) Is that correct?
  
  2/I understand that landlord can’t force me to pay more than in written agreement for the rest of time he wants me to stay (month or more), because I have paid more him according to our verbal agreement, because he still has not made apartment clean and worm as we agreed for the new price.
  
  3/ Please, where can I read more about this interpretation of the Residential Tenancy Act?
  Threshold says that I have to stay for 56 days, while one letting agency said as Johnny C about new four years the cycle.
  
  In short, aapartment needs to be refurbished for a new tenant to agree to come and live here for a price he wants, therefore landlord gave me a written notice in which he forces me to stay here for 112 days and pay 1200 per month during this period. Is not this an abuse of his power?
  Thanks a million,
  Ann

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: pam stephens Date: Wednesday March 8, 2006 @05:01PM

  I have occupied my flat since October 2004. Every six months a new tenancy agreement has been signed. During the the first 2 tenancies the landlord forced me to pay six months in advance. Croydon Council has already determine that this was not what the agreement said. When I came to sign the 3rd agreement I was asked for 6 mths in advance, I told Estate Agent that this wasn't possible. I was athen sked to provide a guarantor as an Australian none of the people I knew were suitable. Because of this the landlord rang me a work to see if we couldn't come to an arrangement. The arrangement was that I should pay 3 mths rent in advance, and sign a standing order to cover the first 3 mths the idea being the rent would be paid well in advance. I was given a letter stating that this money was rent in advance, as for the standing order it just mentions that I will pay it. The Estate Agents are now saying that this wasn't rent in advance but extra deposit. They are insisting I sign a new agreement covering last year which would incorporate their changes. I have paid not only 3 mths rent but 4 mths it appears because of a mistake an extra amount of rent was paid. The landlord and Estate Agents are not only refusing to give this back to me but demanding that I sign this new agreement backdated and that I agree to pay March and April (mths 8 and 9). They have threatened court action if I do not pay, am I obliged to pay rent they have already received and what can I do about it?
  
  Thanks

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: JF Date: Friday October 13, 2006 @08:43PM

  Pam,
  
  You mention Croydon Council and unless I am mistaken and there is a Croydon in Ireland I would suggest you seek advice on a British website. However without seeing a copy of the agreements you signed it would be impossible for anyone to advise you dully and the best thing to do would be to go to either your local citizen's advice centre or your Solicitor with a copy of the agreements that you have signed in the past and the one that they are proposing you now sign. The 2004 Residential Tenancies Act is Irish legislation only and would not cover you in Croydon UK. Sorry I cant be of more help!

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Yvette Date: Tuesday May 23, 2006 @03:46PM

  my husband and i and our 5 children have been renting a house since oct 2003. The landlord gave us 56 days notice to vacate the premises as he wishes to sell. we asked the landlord for extra time because it is difficult in finding rented accomodation at the moment. we also pointed out to him that we had signed the lease for another year which would end our tenancy agreement in oct 06. He then wrote back to us saying that an agreement is only an agreement when both parties sign, and that he had not signed the agreemnt/lease for the past two years so therefore no agreement is in place??? We have been paying 1,000 a month rent into his bank account. we are good tenants, and do not want to be left homeless on the 3rd of june:( do we have any rights in this situation. a prompt reply would be very gratefull.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Wednesday June 21, 2006 @12:37AM

  The 2004 Act only applies to the private rented sector and doesn't apply to social housing, shared ownership etc. so ensure that you come under the scope of the Act.
  
  If the Act applies to you it apears that Part 4 Tenancy applies. Part 4 Tenancy arises where a tenant has been in continuous occupation of a dwelling for more than 6 months without a valid notice to quit being given by the land lord, if this is the case the tenants are entitled to remain in the property for a further three and a half years.
  
  Tenants are entitled to Part 4 Tenancy from the 1st March 2005 provided they have been in occupation from 1st September 2004 and have not been given notice to quit in the first six months.
  
  It is my understanding that if you have been in occupation and renting the house since October 2003 that part 4 Tenancy applies to you. Therefore from the 1st March 2005 as a tenant you have three and a half years security of tenancy. This I believe exists whether or not there was or was not an agreement between you and your land lord.
  
  I advise that you contact Treshold on this issue. http://www.threshod.ie

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: G.M. Date: Sunday September 10, 2006 @03:28PM

  We have been living in a rented apartment since january 2005. Initially we had a contract for 6months which expired quite some time ago, however we were not offered a new contract to sign. Does this act still apply to us? (Rent is always paid by direct debit, no problems etc.) Also, does the landlord reserve the right to increase rent at any point? If so, what are the circumstances?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Mary Date: Thursday November 30, 2006 @01:49PM

  Hi
  
  I was wondering when a part 4 tennacy arises as a result of one named spouse on the lease therefore allowing the other automatic security of tenure once the 6 month requirement is fulfilled, will the next tenant who moves in be immume from the six month requirement as a mutiple tennant or are couples seperate from multiple tennants.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Thursday March 15, 2007 @04:28PM

  We are considering entering a long term rental with a landlord and have agreed as part of the negotiations that we would pay for various improvements to the property. This was mutually agreed by both parties but now it seems that when the landlords solicitor created the contract that a) the landlord could ask us to leave within the first six months and b) if he decided to sell or take occupancy himself of the property we would be forced to leave under the provision of the 2004 act.
  
  I believe that the act allows for a lease agreement to give the tenant greater rights than those stated in the Act, could the landlord agree legally to waive his rights on these two points?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: paul Date: Tuesday May 15, 2007 @06:23PM

  hi Tim
  
  can you tell me the how to find the market value of a 3 and 4 bedroom house in terenure.We are disputing a rent increase of E100 by our landlord and need to find the maket value in this area.
  
  regards
  paul

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Sunday June 3, 2007 @11:13PM

  have a tennant that has sublet one of the rooms while contract does not allow for such action. this occured within one month of the tennant takeing occupancy. can i evict the tennant. what does reassigning the apt mean as i was contacted by some independent body who was acting as a go between for tennant and me prior to case going to tennancies board. due for eviction earlr june . would appreciate a response as soon as . thanks.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Thursday August 9, 2007 @06:01PM

  Hi
  I Was wondering if we have a 12 month lease for a 3 bedroom appartment and we( the Tenants) want to leave before the 12 months are up will we be subject to pay the remainder of the rent money if we give the owner sufficient notice. The owners are registered with the private residential tenancy board.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Paul Date: Monday February 4, 2008 @06:35PM

  Sounds like you have a fixed term lease, was recently in a similar situation. First the bad news: In signing your lease you have agreed to stay for 12 months if you move out you can be legally forced to pay for the time the property is left vacant. However, in many cases landlords simply withold the deposit and try to get new tenants in. If they get someone soon they generally don't go to the trouble of pursuing legal action if they haven't lost money.The good news is that under section 186 of the residential tenancies act you are entitled to assign your lease to someone else. So basically you have to advertise and get somebody to take your place before you can move out. If the landlord refuses to allow you to do this, you can then give him 35 days notice and move out, he also has to return your deposit if this is the case.
  Good luck with it,threshold are worth looking up if you have any more trouble.

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: John Date: Tuesday February 24, 2009 @07:14PM

  I read that under the RTA a tenant can give notice to terminate the lease depending on the duration of tenancy. In instances where the lease is fixed are tenants liable to pay the rent for the remaining term of the agreement?
  
  What is the situation where the property is multi let and one tenant wants to leave and the lease is fixed??

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: AIDAN Date: Wednesday September 5, 2007 @03:20PM

  WHAT WRITTEN FORM MUST A NOOTICE TO QUIT TAKE? DOES IT HAVE TO EXPIRE ON A PARTICULAR DAY? i.E. ON THE DAY THE RENT IS DUE?

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Mirco Date: Friday February 8, 2008 @07:53PM

  I pay my rent every 15th day of the month. Last payment I made was in January for the month of February (until 15th of February). In the meantime I gave my landlord notice of termination - I gave it to him 26th January - a month notice which should end 26th February. I'll move out before this date anyway. My question is:
  Do I have to pay full rent 15th February-15th March or should I pay him only until 26th February? He said to me that he "counts" the notice from the day of rent payment not the date I gave the notice to him. And so he wants full payment. Is he right?!
  
  Thanks for help in advance!

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Mati Date: Tuesday February 17, 2009 @04:21PM

  Hi Micro
  
  I have this same problem. Did you get a resolution?
  
  Thanks

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Carl Date: Wednesday February 27, 2008 @10:07AM

  I have an issue with my Landlord and I wonder what can I do in this desperate situation? Basically I’ve been living for four years in this house. Obviously every year we were signing a twelve months Letting Agreement for three years recently. Essentially my contract is over in the end of the March this year, but I didn’t sign any contract last year. The Landlord promised to send my by post, unfortunately I’ve never received and I didn’t sign any contract for previous year. Actually I have lost my job this year and I couldn’t get any help because any where you go the Letting Agreements required. The Landlord said “this is not my problem” Is it possible to get back that amount of money I’ve paid to my Landlord through the Bank with no reason?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Drew Date: Wednesday July 2, 2008 @05:44PM

  I have been sent an invoice for "late payment of rent" which will be deducted from my deposit when I leave the accomodation. I don't wouldn't have problem with this except that the reason for the late payment was demonstrably an error (in the start date) on the standing order provided by the agency.
  While i agree that i need to pay rent on time - surely the agency has a legal duty of care in the production of their documents and cannot penalise the tennant for their error?

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Ken Date: Monday October 6, 2008 @07:21PM

  I am currently renting part of my house(2 bed rooms) to a small family(3 people), but I am going to refurbish the dwelling.
  
  My question is that is there a standard or sample form for the Notice of Termination of Tenancy, so that I can give the termination notice to the tenantS?

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Thursday October 16, 2008 @02:13PM

  Hi, I have a contract signed in a rented accomadation for six months. it is now 3 weeks into the time adnd my partners mother has been diagnosed with cancer and he wants to return to his home to be at her side. we have paid a depoisit of £1800 pound and i was wondering will we lose this money if we terminate the contract and leave. we are willing to give the correct notice if they want.

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Dave Date: Tuesday October 28, 2008 @04:06PM

  I recently bought my first property which I hope to make my home. I recently rented it out and tenant signed a rent agreement that they would pay a Month security deposit and a Months rent in advance to a bank acc. number and sort code listed. The tenant moved in and one excuse led to another for 2 weeks until I couldn't make contact by phone. after 3 weeks I got word on tenant's behalf that they had taken ill and were in hospital and that the tenant's belongings would be moved out and money owed paid. Having been ignored for a further 2 weeks I finally left a voice message with the tenant that I would be entering the house and people were sent to help with cleanout of house. 5 weeks later I have not been contacted or my calls answered but have my house back. Is there a legal procedure for reclaiming what is owed according to letting agreement? I have already written to the person in question requesting payment.
  
  Thak you

  • Reply to this message

• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Samit Date: Friday October 31, 2008 @12:40AM

  Hi,I moved into a flat with 2 other housemates recently in August. We have had a couple of complaints from neighbours of excessive noise and nuisance and have been give a Notice to Quit with 2 weeks to move out of the flat. We have not heard or had any communications with the landlord since we have moved in up to this date. Is it possible for the landlord to do this and do have a case that is worth taking up? We believe we are not in breach of contract and we have not been monitored by the landlord and so there is no proof, only word against word. Can we take any steps to prevent us being moved out??

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Mark Date: Wednesday December 17, 2008 @08:49AM

  Hi,
  I have been living in ashared house for 4 years, and over the last few months it came to my attention that another tenatn had copied the house key for his girlfriend, who was using this at her own free will (even when he was not in the house). An underestimate ouwl be that she is there approx 90% of the time he is. this is my view an over excessive stay. I had confronted him on both these issues as well as silly little household duties he feels other tenatns should do but not him, and he reponded in a very abusive manner. After this we had contacted the landlord and informed him of these issues, but the landlord seemed to want nothing to do with it. since i confronted him, he has gone out of his way to do every thing that we had questioned to intimidation, you name it. i then went on to contact the landlord further to come to the house to resolve this dispute. the landlord came, talked to each tenant indidually, requested the copied key to be returned and left. We had hoped some progress would be made - on that very night, this tenant, his girlfriend and another tenant (whom he had decided to coaxed into his "side") had a party in the house that went on for hours in the early hours of the morning, slamming doors, shouting, screaming, laughing, in an obvious counter-action against my compliant. when i informed the landlord of this the very next morning, he done nothing, until i insisted and insisted, but the other tenant denies such events. as i thorught things were bad enough, he barged into our (my girlfrien and I share a room) room at 2.30am shouting abuse and accusations and would not leave after repeated requested to do so, until he was finally ignored, but only after pushing the door back in my face afetr i had closed it. 2 other tenatns in the house were awoken by the disturbance, and one (the same tenatn who he had "coaxed")came out to tell him to get out of our room and stop shouting. we have to lock our bedroom door both when we are in the hosue and when we are asleep due to concerns the same will happend again. We duely notified the landlord, who contacted the tenant, and again denied this. the landlord had initailly expresed that he is afraid to issue a notice on him for fear he would wreck his house, but now had takne the line, that as the other 2 tenants have moved out, and will not confirm in wrtitng the said events, its our word against him, and he (the landlord) cannot issue him with a notice in this regard.
  
  I would be grateful if some help was available on this. I have discussed this at length with threshold and it looks like it will be goiing to the PRTB for mediation/adjudication. Does the landlord need written proff of an office? what happens if only 2 tenants reside in a premises, and it is really one persons word agains tthe others. please help. thanks

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: kevin Date: Saturday February 28, 2009 @12:06PM

  If he is haveing a party @ all hour's in the morning call the Garda, Dont tell him before hand just call them, they will have a chat with him & then he can't deny it to your landlord can he, as for pushing his way into your home. He broke the law and should be up in mountjoy for tresspass.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Vera Date: Thursday May 21, 2009 @06:39PM

  hi,i broke d contract with one manths before d end of it,i let know d landlady with 35 days before leaving d house ,in d day wwe was mooving she sent her agent and he said will give d deposit after 2 days but he did not and we can not contact her or him they are not answer to d phone ,can we make an apeal to small claime court?please help us with an advance!thanks

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Monday July 6, 2009 @06:26PM

  have the next door neighbour any rights. i am after a
  month of loud anti-social behaviour

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Dr Tanveer Hussain Date: Monday July 6, 2009 @11:50PM

  I just moved in apartment week ago and find out apartment is in very poor condition especially basic thing such as matress, heating system. i have signed one year lease. i want to leave the apartment. whats my position in this regard?
  Regards

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Aoife Date: Monday August 17, 2009 @11:31AM

  I am currently in a situtation where I am owed my deposit after my lease ended. It has been two months and I have contacted the agent but she tells me that it is up to the new tenants to pay me my deposit back, and they in turn will consider that their deposit paid. I didn't think she was right and I intend to contact her again but I would like to know what exactly are my rights here and is there any truth in what she's saying?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: KeithW Date: Wednesday November 4, 2009 @12:14AM

  Does a tenant have any legal redress if the owner of the rental property notifies them of the intended sale of the rented property and states the house must be vacated at the end of the current lease (2 months) left. It is obvious the house was up for sale from the onset of the rental period although this information was kept from the tenant who if having known the home was for sale would not have taken posession as a viable rental option only to find the lease would be cancelled just prior to christmas when she is pregnant and with a young daughter ?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: mario Date: Wednesday December 9, 2009 @01:29PM

  who must pay for chimney serwis .landlord or me?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: B Date: Tuesday February 23, 2010 @10:03PM

  Hi,
  
  after staying in an apartment as tenement for 4.5 years without any maintenance job done, when i confronted our landlady on following issues:
  
  1. one of cooking ring isn't working
  2. Grill has stop working
  3. Parts of walls specially around toilet area is getting really damp
  4. Carpet needs cleaning
  
  She reacted in same pattern saying she doens't have the money and when i insisted she said we are too much of hassels and she want us to be out.
  
  We got a tenenancy notice latter from her last week giving 112 days notice siting the reason as 'house is required for anoher family member' and nothing else.
  
  We know this for the fact none of her family member needs it, she is just penalizing us for complain
  
  Just wondering if she can terminate notice like this?
  
  do we still have to pay full amount of rent during this notice period even though house is lacking the basic necessities?
  
  Any guidance or help us most welcome
  
  Regards
  B

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Abs Date: Friday May 28, 2010 @02:59PM

  Question: I paid the rent and deposit of a three bed room house by cash.Landlord gave me receipt but refused to give a rent book. Instead landlord asked that I sign a lease which to him serves as a rent book. However, upon reading the lease I do not agree with some of the contents for e.g. I would have to pay for the stamp duty, repair any broken window glass, refusal to state his residential address on the lease. He prefers to use the same house I am renting as his residential address. This leaves me in the situation that in the event of him refusing to answer his phone I have no means of contact. how do i deal with it?

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• Termination of tenancy

  Posted By: Mike Date: Wednesday January 5, 2011 @02:41PM

  Hi
  I have a 12 months contract on the apartment I am renting.
  
  In the end of this month I have lived here for 9 months, but I would like to terminate this contract in the end of February. As far as I can see in the Tenancie Act I have to notice my landlord 42 days prior to leaving the apartment.
  
  I understand I will lose the deposit, since I break the contract. When I called my landlord they claimed I would have to pay the rent for March and April as well, since that is for how long the contract was signed.
  
  I have read the contract but can’t find anything about this. They only refer to the Tenancie Act in the part regarding “Termination of tenancy”.
  
  Can this be correct or is the landlord trying to deceive me on two months rent?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Tim Date: Wednesday May 11, 2011 @07:53PM

  We've been in a dwelling now Since June of 2010 which is over 6 months of tenancy. When we moved into the accommodation it was filthy, with stains on the drapes, carpet was smelly, grease and filth all in the kitchen appliances and chicken bones in the fireplace. The trash bins were filled to the top and filled with maggots. The house was not painted, and to date there's still scribbles on the walls, we had to rent a carpet cleaner, and the leasing agent, "Said" that the actual landlords refused to have the dwelling painted. The floors and carpets were stained with nail polish and to date that can't be removed.
  
  We've never received rent books, and to date the landlord refuses to give us the code to the house alarm.
  
  We've recently run into arrears with our rent, but show a consistent effort to catch up, by lodging partial payments into the accounts of the landlords. WE hold all receipts of the payments we have made.
  
  We were served an informal unsigned notice from the leasing agent after countless harassing phone calls. The note read that if ALL the arrears wasn't paid to date that in 4 days we'd be served with a 28 day eviction notice. And as he said, "put out". I'm confident that within this next few weeks we'd be able to catch up on all the rent that's in arrears. We are a family of 6, 3 children, one a newborn, an elderly person, and a couple. From what I understand of the Residential Tenancies Act 2004, the landlord must:
  
  A. Hand Deliver or Send Registered letter requesting that arrears be paid within 14 days of receipt of letter, the letter must be signed by landlord or leasing agent and dated.
  
  B. If arrears are not received, then he can send a Notice of Termination of Tenancy which in our case would be 35 days not 28...
  
  C. If after 35 days nothing has been paid, eviction can proceed.
  
  The Irony in all this is that in less than 21 days we'll be caught up.
  
  What are our rights? Seems to me that the whole deal is being handled in a very informal, and threatening way... Could someone please advise?
  
  Kindly,
  
  Tim

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Tuesday July 19, 2011 @10:45AM

  Is there any ruile with regards to the number of occupants in a rented dwelling. A familt of approx 2 adults and 4/5 kids/teenagers have moved into a 3 bed duplex in an apartment complex. The walls are so thin and the duplex is above 2 bed apartments. surely a familt of 7 is not suitable for such a dwelling? Also i checked the published register and this duplex is not on the list - should i report them for non-registration?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Tuesday July 19, 2011 @12:02PM

  My next door neighbour is renting the house and is in some prayer cult. She weils in the middle of the night. We have tried to talk to her but she ignores us. We have contacted the landlord who doesn't want to know. We are constantly been woken up in the middle of the night by this.
  Is there anything that can be done

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Niamh Date: Friday August 5, 2011 @05:42AM

  I am a landlord and my tenants signed a lease for 12 months. However, they have now advised me that they indend to move out in one month's time (after only 4 months). If I don't get new tenants in time, am I entitled to make a deduction from the deposit for loss of rent?
  
  Also, I have heard that the tenants have the option of subletting and finding new tenants for the remainder of the term - what if I don't like the new tenants they find and don't want to rent the house to them?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Tuesday August 16, 2011 @11:59AM

  Hi what is the length of period a tenent should give to the landlord in they rented only for 6 months?

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• termination of a contract by tenannt

  Posted By: john Date: Tuesday September 27, 2011 @08:29PM

  hi.
  i am living in a house in dublin for 1 year,and i have deposited 1000 euro and i would like to break the contract, is it possible?will the land lord obliged to give back the deposit?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Monday October 3, 2011 @11:36AM

  If your tenancy is a part 4 tenancy , that is to say a private tenancy regulated by the PRTB, then you will need to give the LL 42 days notice, unless of course the landlord is in breach in some way? In which case you could look to give shorter notice and refer any disute to the PRTB. Your deposit should be refundable provided there is no damage to the dwelling and no outstanding rent, utilities, etc.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Poster Date: Wednesday October 19, 2011 @11:19AM

  Hi,
  I am living in an apartment in the city centre, and I have a car park space the basement. My car was broken in the night time in the car park. I don't have insurance for this kind of damage, because is a foreign car unregistered here in Ireland.
  I call the management company to pay my damage, but they told me the car park insurance doesn't cover this damage of the car, even the car is stolen. The car park has just one CCTV on the principal gate, what can just see how is came in and go out from car park. Since I moved in this building I heard 7 car was stolen, and the management company didn't nothing to get more secured for car park.
  I wont to know if I can recover my money paid for the damage.
  best regars

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Anonymous Date: Monday October 31, 2011 @11:42PM

  Hello,
  I signed a couple days ago a one year lease for an apartment. I am moving from abroad for a job and I didn't take care of the hundreds details in the apartment, I had to move in quickly and it looked fine. But it turned out to be a horrible place. It is a one year lease with a small part added saying that the lease could be terminated in case I would have to return to my country for work obligations giving one month notice. part signed by the landlord.
  My question is, is there a time of Revocation in Ireland after signing a contract ?
  The landlord didn't mention that I would have to provide a proof, can I just give the month notice now ? And in what form shall it be done ? I gave a one month deposit, the landlord would have to give it back to me at ? Also, if I find someone to replace me in the meantime, shall I be able to get a part of the month rent back ? Thank you for your help,
  Best regards

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: 4 cold students Date: Wednesday November 2, 2011 @11:11AM

  hi there,
  2 months ago, myself and 3 other girls signed a ten month lease for a house in dublin. we have had a number of problems since we moved in regarding leaks in the ceilings, heating problems and cooker problems but in the last few weeks we have noticed damp stains growing on the walls and ceilings in 2 bedrooms and in the living room. my room is do damp that everything in the room is wet to touch, i also found mould growing on my pillows and the curtains and the windows are constantly covered in condensation. i asked the landlord if there was anything he could do, and perhaps the air vents were blocked, he told me that because the house in old, we need to leave the windows open 24/7. we do open the windows but the house is so cold and impossible to heat that there is no way we could leave the windows open 24/7 without catching our death of pneumonia. i asked him to come over and see if there was anything he could do, he replied "what do you expect me to do about it? " we fear that as the weather gets colder and wetter, the house is going to get worse and we'll have no choice but to leave, but will we lose our deposit because we're breaking the lease?
  we would greatly appreciate any help you could give us!!

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: sylvester jonny mazibuko Date: Saturday November 19, 2011 @01:52PM

  Is right for a landlord to frame an excuse in order to evict a tenant .If the tenant just moved into a building he personally renovated and make decent.

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: John Date: Tuesday March 20, 2012 @09:19AM

  Does the landlord, of the dwelling I have rented for a 12 month period, have an obligation to have air vents in bedrooms and sitingroom and mechanical extractor in bathroom, kitchen extractor, the oil boiler serviced for maximum efficiency, require to have a BER certificate with a minimum rating value.
  Also there is no shower rail to hang a shower curtain resulting in damp stains in kitchen below, the heating system (radiators) need flushing out as some do not heat up, toilet seat & towel rail broken.
  Is there a minimum standard for rental accomodation and who or what body regulates and is responsible for this?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: Vasco Date: Tuesday March 20, 2012 @12:21PM

  My son is a student and a tenant of a sub-rented room (living there over one year and half). The room is situated in up-stair of a Take-away shop. Recently the landlord rent the shop to someone else and asked my son to leave within 7 days without any notice in advance. My son paid the rent every week and the landlord also received the rent and signed on the paper last few weeks before his remove verbal requirement. There is no any agreement between the landlord and my son because the room is sub-rented. So I want to know if the Private residential tenancy is also applied to my son renting a room under a take-away shop lease changing?

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• Re: Questions on the 2004 Residential Tenancies Act

  Posted By: W Date: Friday April 27, 2012 @11:07AM

  I AM INTERESTED IN BUYING A DOMESTIC UNIT THRO ALLSOP AUCTION WHICH HAS A TENANT IN OCCUPATION FOR OVER 4 YEARS ALTHOUGH THE TENANCY HAS EXPIRED AND HAS NOT BEEN RENEWED .RENT ETC HAS BEEN PAID UP TO DATE .THE TENANCY WILL NOT BE TERMINATED PRIOR TO AUCTION I HAVE NO OBJECTION TO TENANT RENEWING THE TENANCY .
  
  THE QUESTION IS , WHEN OWNERSHIP CHANGES , WHAT ARE THE RIGHTS OF THE PRESENT TENANT TO THE PROPERTY OR FOR RENEWAL OF A TENANCY ?

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